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The Supreme People's Court has asked courts nationwide to be cautious and use discretion when sentencing people in drunken-driving cases after the offence was declared a crime in the newly amended Criminal Law and Road Traffic Safety Law on May 1.

In a recent announcement, the top court told lower courts they should be careful when deciding whether to convict drunken drivers because the practice is so common in China.

According to the current law, drivers who have at least 80 milligrams of alcohol per 100 milliliters of blood are considered drunk.

As one of the largest producers of alcohol, China's drinking culture is well entrenched.

In a China Youth Daily survey, 99.6 percent of people surveyed said members of their families and friends had driven while drunk.

Beijing News reported that the Beijing Higher People's Court had also asked lower courts in the capital to report two cases of drunken driving to the higher court so more data can be collected for further research into the sentencing of drunken drivers.

Although the law stipulates "those who drive while drunk should be sentenced to jail terms of between one and six months and also fined," the top court has called for discretion, citing Article 13 of the Criminal Law, which says "offenses that cause very little harm to society shall not be accounted for as crimes".

Yang Wanming, a senior judge from the top court, said earlier in an interview with China Central Television that drunken driving cases "with different details and results" should not all be treated the same and said some drunken drivers might not be held criminally responsible because of Article 13 of the Criminal Law.

Yang also said the top court together with the top prosecuting authority will publish an official guide to be used in the sentencing of drunken drivers, following additional research.

Yang's words echoed those of Zhang Jun, vice-president of the top court, whose comments triggered a heated debate last week. Zhang also cited Article 13 and said not all drunken drivers should be treated as criminals because some cause little harm.

Many commentators said Zhang's opinions differed from the law, which stipulates drunken driving is a crime, regardless of whether the driver causes additional problems.

"Zhang, as a senior judge, is confusing the public and his comments might interfere with the lower courts' sentencing of drunken drivers," said Tang Hongxin, a Beijing lawyer who believes the law should be strictly adhered to.

Questions:

1. What is the legal limit for blood alcohol levels if driving?

2. Why are judges being urged to use caution when convicting?

3. What percentage of Chinese said their friend or family had driven drunk?

Answers:

1. 80mg per 100 ml.

2. Because it is a common practice.

3. 99.6 percent.

（中國日報網英語點津 Helen 編輯）

Todd Balazovic is a reporter for the Metro Section of China Daily. Born in Mineapolis Minnesota in the US, he graduated from Central Michigan University and has worked for the China Daily for one year.